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Commissioner’s Message

As Canada’s Public Sector Integrity Commissioner, I am pleased to present the Office’s Departmental Performance Report (DPR) for 2008-09. This is the first DPR of my young organization created only two years ago. The Public Servants Disclosure Protection Act (PSDPA) which came into force on April 15, 2007 provides a mechanism for public servants and members of the public to disclose potential wrongdoings in the public sector. The Act also includes an effective means to protect public servants from reprisal for making such disclosures or participating in investigations.

In creating such an institution, Parliament wanted to send a strong signal that it is in the public interest to maintain and enhance public confidence in the integrity of public servants and that such integrity can be enhanced by establishing the Office of the Public Sector Integrity Commissioner of Canada (PSIC). The Office’s approach to its mandate is to conduct investigations and resolve cases informally and expeditiously as well as emphasizing prevention of wrongdoing, and education about values and ethics.

As the 2008-09 DPR highlights, PSIC initiatives have contributed to the advancement towards our goals embodied as Inform, Protect and Prevent:

  • Hosting a symposium bringing together senior leaders from across Canada and abroad to share visions and experiences from the national, provincial, public and private sector perspectives.
  • Implementing a new investigative approach of Informal Case Resolution ensuring that cases are addressed as expeditiously as possible.
  • Developing and sharing with public sector employees, communication tools and resource material including the 2008-09 Annual Report, and an open letter to middle managers encouraging them to fulfill their role as champions.
  • Successfully closing the majority of disclosure and reprisal cases dealt with in 2008-09 including four serious cases, one of which involved potentially life-threatening behavior.

In the coming year, the Office will continue to focus its efforts on:

  • Informing the public sector and Canadians of PSIC’s role and mandate;
  • Providing an efficient, safe and confidential mechanism to protect against reprisals;
  • Creating a workplace culture open to dialogue and disclosure;
  • Establishing a solid infrastructure that fully meets government standards;
  • Identification of systemic issues giving rise to wrongdoing through dialogues with communities of interest.

Promoting integrity and protecting public servants who disclose wrongdoing is a shared responsibility. It is only if everyone – my Office, the Minister responsible, Parliamentarians, central agencies, leaders of organizations, unions, senior and middle managers, and indeed all public servants – play their parts that we will succeed. PSIC is committed to continue reaching out to public servants and stakeholders and together, building trust in our public institutions for the benefit of all Canadians. 

Christiane Ouimet
Public Sector Integrity Commissioner of Canada



SECTION I: DEPARTMENTAL OVERVIEW

Raison d’être

The Preamble of the PSDPA provides a clear and compelling explanation of why the Office of Public Sector Integrity Commissioner of Canada (PSIC) was established. It states that “the federal public administration is an important national institution and is part of the essential framework of Canadian parliamentary democracy”, that “it is in the public interest to maintain and enhance public confidence in the integrity of public servants”, and that “confidence in public institutions can be enhanced by establishing effective procedures for the disclosure of wrongdoings and for protecting public servants who disclose wrongdoings...” PSIC was created to support and advance the proud tradition of public sector integrity for which Canada is renowned for.

The Office of the Public Sector Integrity Commissioner of Canada is committed to:

  • Building an effective and credible organization where public servants and all citizens can, in good faith and in confidence, raise their concerns about wrongdoing.
  • Assisting federal government organizations in preventing wrongdoing in the workplace.
  • Establishing Canada as a world leader in the promotion of integrity in the workplace.

Responsibilities

The PSDPA came into force on April 15, 2007 and creates two main areas of responsibility:

  • A disclosure process, i.e., a mechanism to allow public servants to disclose, in confidence, information about potential wrongdoing committed in the public sector; and
  • A reprisal complaints process, which provides protection against reprisals for public servants acting in good faith in a disclosure process.

The Public Sector Integrity Commissioner of Canada is an Agent of Parliament appointed by Order in Council and approved by resolution of both Houses of Parliament. The Commissioner has jurisdiction over the entire public sector, including separate agencies and Crown corporations. However, the Commissioner does not have jurisdiction over the Canadian Security Intelligence Service, the Communications Security Establishment and the Canadian Forces, each of which is required under the PSDPA to establish their own internal procedures for the disclosure of wrongdoings and protection against reprisal. The Commissioner’s mandate covers approximately 400,000 employees. In addition, the Act specifies that members of the public can come forward with information about a possible wrongdoing. As a result, the constituency is significantly broadened. 

The Commissioner conducts independent reviews and investigations of disclosures of wrongdoing and complaints of reprisal in an equitable and timely manner. She issues findings and makes recommendations for corrective action. The Commissioner also exercises exclusive jurisdiction over the review, conciliation and settlement of complaints of reprisal. This includes making applications to the newly created Public Servants Disclosure Protection Tribunal to determine if reprisals have taken place and to order appropriate remedial and disciplinary action.

The Commissioner submits annual and case reports to Parliament. She may also submit special reports at any time to Parliament, Ministers or Boards of Directors of Crown corporations.

The Office emphasizes prevention of wrongdoing, informal case resolution and education about values and ethics. The Office is guided at all times by the public interest and ensures integrity, respect, fairness and professionalism in its procedures.

Strategic Outcome

In order to effectively pursue its mandate, the Office aims to achieve the following strategic outcome:


Wrongdoing in the federal public sector is detected, resolved and reported, while public servants are protected from reprisal, resulting in a greater integrity in the workplace


Program Activity Architecture (PAA)

The chart below illustrates PSIC’s framework of program activities, which roll-up and contribute to progress toward the Office’s Strategic Outcome.

Program Activity Architecture Chart

Program Activity Architecture

 

Summary of Performance


2008-09 Financial Resources ($ thousands)
Planned Spending Total Authorities Actual Spending1
6,553 6,445 3,611

2008-09 Human Resources - Full-Time Equivalent (FTEs)
Planned Actual Difference
41 21 20

The 41 FTEs represents an amount originally planned for when the Office was established in 2007-08. As the Office is still in the set-up stage, more time is needed to assess normal work volumes and determine long-term human resource requirements.

Performance Summary

The Office had not yet established performance indicators and targets at the time of the 2008-09 Report on Plans and Priorities. These were subsequently formulated for the 2009-10 Report on Plans and Priorities and the table below has been developed in this context.

Strategic Outcome 1: Wrongdoing in the federal public sector is detected, resolved and reported, while public servants are protected from reprisal, resulting in a greater integrity in the workplace.
Performance Indicators Targets 2008-09 Performance
Increased awareness of workplace integrity and recourses available. Inform public servants and Canadians. Made presentations to public servants promoting understanding and joint responsibilities under the Act.
Hosted symposium bringing together senior leaders from across Canada.
Developed and shared communication tools and best practices.
Advanced usage of Alternative Dispute Resolution processes.
Effective investigation, resolution and protection from reprisals. Deal with cases informally and expeditiously. Developed process checklist.
Pioneered a new informal case resolution approach.
The majority of disclosure and reprisal cases dealt with in 2008-09 were closed including four that were of a serious nature.
Effective and credible PSIC organization. Sufficient resources to meet operational needs and appropriately respond to government requirements. The Office was able to deliver its core activities through the staffing of key personnel and the usage of service providers however we continue to be subject to limited internal capacity and in-house expertise.
Effective and efficient management and oversight of corporate resources. Establishment of appropriate infrastructure and outsourcing agreements to fulfill corporate requirements. Established outsourcing arrangements for fundamental corporate services.
Created a Departmental Audit Committee made up of external members.
Put in place a strong governance framework including advisory committees that support senior management.

2008-09 Actual Spending varied from 2008-09 Planned Spending and Total Authorities as the Office is still in the establishment phase creating challenges for predicting case volume and staff capacity requirements. 2009-10 will be more representative of Actual Spending in a typical fiscal year as the Office focuses on increasing awareness of the mandate through promotional outreach campaigns and on initiating several projects.

($ thousands)
Program Activity 2007-08
Actual
Spending2
2008-09 Alignment to Government of Canada Outcomes
Main
Estimates
Planned
Spending
Total
Authorities
Actual Spending2
Disclosure and Reprisal Management 3,520 6,553 6,553 6,445 3,611 Government Affairs
Total 3,520 6,553 6,553 6,445 3,611

 

Contribution of Priorities to Strategic Outcome

Operational Priority Type Status Linkages to Strategic Outcome(s)
Increased awareness of workplace integrity and recourses available.

As a catalyst for accountability, awareness and greater public confidence, the Commissioner will keep the public informed and will be proactive in working jointly with the public sector to prevent wrongdoing.
New Somewhat met
  • Hosted symposium bringing together senior leaders from across Canada and abroad sharing visions and experiences from the national, provincial, public and private sector perspectives.
  • Gave presentations at numerous conferences and seminars across the country informing employees at all levels of their options when wrongdoing is suspected.
  • Developed and shared with public sector employees communication tools and resource material including the 2008-09 Annual Report, and an open letter to middle managers encouraging them to fulfill their role as champions.
Strategic Outcome 1: Wrongdoing in the federal public sector is detected, resolved and reported, while public servants are protected from reprisal, resulting in a greater integrity in the workplace.

In order for wrongdoing to be properly reported, public servants must be aware of the avenues offered to them and the complement roles of key players.
Effective investigation, resolution and protection from reprisals.

In carrying out her duty to receive and examine disclosures and complaints of reprisal, the Commissioner has committed before Parliament to take effective action within the Commissioner’s jurisdiction whenever and wherever such action is warranted.
New Successfully met
  • In 2008-09, the Office closed 61 of 76 disclosure cases with the remaining 15 under review or investigation.
  • In 2008-09, the Office closed 21 of 23 reprisal cases with the remaining 2 under review.
  • Implemented new investigative approach of Informal Case Resolution ensuring that cases are addressed as expeditiously as possible.
Strategic Outcome 1: Wrongdoing in the federal public sector is detected, resolved and reported, while public servants are protected from reprisal, resulting in a greater integrity in the workplace.

Priority is fundamental to carrying out mandate and to maintaining and enhancing public confidence in the integrity of public servants.
Effective and credible PSIC organization.

The Office of the Public Sector Integrity Commissioner of Canada is committed to building an effective and credible organization where public servants and all citizens can share their concerns about wrongdoing in confidence and without fear of reprisals.
New Somewhat met
  • Over the year, considerable effort was devoted to establishing procedures and approaches that respect the law and reflect the guiding principles for resolving disclosure and reprisal complaints evidenced in the pioneering of the new Informal Case Resolution approach. 
  • Challenges still remain as a fear of coming forward and disclosing wrongdoing still exists.
  • As with other small organizations, the Office continues to face challenges regarding limited in-house expertise, shortage of qualified personnel and the capacity to deal with all government requirements.
Strategic Outcome 1: Wrongdoing in the federal public sector is detected, resolved and reported, while public servants are protected from reprisal, resulting in a greater integrity in the workplace.

A culture of disclosure is not yet entrenched in the public sector and, as such, PSIC must be seen as a trusted avenue to make disclosures of wrongdoing and protect from reprisal.

The highest standard of skills and abilities of employees are essential to the success of our strategies.
Management Priorities Type Status Linkages to Strategic Outcome(s)
Effective and efficient management and oversight of corporate resources.

The Office of the Public Sector Integrity Commissioner of Canada is committed to building an effective and efficient approach to the stewardship of its corporate resources.
New Successfully met
  • Established outsourcing arrangements for fundamental corporate services (for Finance, Procurement, Human Resources and Information Management/Information Technology).
  • Took steps to create a Departmental Audit Committee made up of external members.
  • Strong governance framework put in place including advisory committees that support senior management committees who have authority over the Office’s operations and major investments.
  • Internal financial controls implemented.
Strategic Outcome 1: Wrongdoing in the federal public sector is detected, resolved and reported, while public servants are protected from reprisal, resulting in a greater integrity in the workplace.

Priority is fundamental to carrying out PSIC mandate and ensuring business continuity.

Risk Analysis

One of the most critical risks that we share with many small agencies is the capacity of the organization to fully deliver its mandate due to the difficulty in attracting and retaining competent staff in a highly competitive labour market. To address this risk, PSIC has taken a number of initiatives, including a pilot project to exchange best practices among small agencies, the formulation of a clearer definition of expectations and competencies/attitudes required from employees, and the establishment of an expert network to support us during the critical first years.

Another risk facing the organization is one of accessibility – public servants must be well informed about our role and mandate and have confidence in our ability to fulfill that mandate. A number of initiatives are being taken to address these issues and will be pursued over the next period. These include: solid outreach and communication program, partnership with key stakeholders and research/implementation of best practices.

These initiatives will also address the issue of the negative perception of disclosure itself and lack of trust in disclosure processes. Our outreach, partnership and research initiatives, supported by our record of rigorous, fair and efficient investigative practices, will contribute to effecting a culture of trust and “right-doing” in which public servants at all levels will be able to work in an environment that encourages open dialogue and in which concerns are addressed.

Our Informal Case Resolution approach ensures that cases are addressed as expeditiously as possible ensuring a fair and efficient justice process. However, this approach may be seen as restricting the number of formally investigated cases reported. This could result in the risk of incorrectly being perceived as reluctant to pursue cases through a formal investigation. The goal of this approach is to ensure that cases are dealt with as informally and expeditiously as possible, in accordance with the express requirement of the Act in this regard, without restricting our ability or commitment to formal investigation of cases when warranted.

The Office will conduct a formal corporate risk assessment related to the delivery of PSIC programs in 2009-10. The Office will also establish an ongoing risk-based audit and evaluation plan.

The 2008-2009 Annual Report (http://psic-ispc.gc.ca/doc.php?sid=68&lang=eng) further explores the special risks facing Federal Agencies as well as risk mitigation strategies that should be considered. Some of the risks discussed include:

  • Limited capacity to deal with all government requirements- small agencies are subject to the same onerous requirements for reporting to central agencies and other bodies, and to the human resources and financial processes in public administration, as are larger public sector organizations.
  • Limited in-house expertise- given the size of these organizations, most corporate functions are often vested in one or a few individuals who are constantly playing multiple roles.
  • High employee turnover- a serious shortage of qualified personnel in key functions due to high staff turnover has resulted in a continuing loss of corporate memory.
  • Complex set of rules, practices and procedures- new Agency Heads coming from outside the public service are not always familiar with the complex regulatory and legislative framework and often do not have the internal support to guide them properly.
  • Isolation- the degree of autonomy required to carry out functions may lead some Federal Agencies to adopt dysfunctional points of view such as believing that the rules do not apply to them, becoming highly resistant to change and renewal initiatives or losing sight of government-wide priorities.

Some suggested mitigation strategies for these risks:

  • Working together;
  • Better briefing of Agency Heads and senior staff;
  • Ongoing training and coaching;
  • A community of practice for human resources management;
  • Common or shared services;
  • Guidance from the Deputy Minister;
  • Review of the heavy administrative and reporting burden.

Expenditure Profile

Chart: Spending Trends

Chart: Spending Trend

* The 2007-08 Planned of $5.2 M differs from the $8,1M reported in the 2008 Public Accounts of Canada as a result of contributions to employee benefit plans (s) and $2,7M reprofiled to future years.

The trend in 2007-08 and 2008-09 of under-spending Planned Spending is mainly due to the Office still being in the establishment phase creating challenges for predicting case volume and staff capacity requirements. 2009-10 will be more representative of Actual Spending in a typical fiscal year as the Office focuses on increasing awareness of the mandate through promotional outreach campaigns and on initiating several internal information management projects. This will also contribute to fostering a culture open to disclosure in the public service and to solidifying the Office as a trusted avenue to make disclosures of wrongdoing and protect from reprisal.

Voted and Statutory Items

This table illustrates the way in which Parliament approved PSIC’s resources, and shows the changes in resources, as well as how the funds were spent.

Voted and Statutory Items
($ thousands)
Vote # or Statutory Item Truncated Vote or Statutory Wording 2006-07
Actual
Spending3
2007-08
Actual
Spending4
2008-09
Main
Estimates
2008-09
Actual
Spending4
40 Program Expenditures N/A 3,354 6,033 3,280
(S) Contributions to employee benefit plans N/A 166 520 331
Total   3,520 6,553 3,611